Florida’s Chapter 558 Procedures For Construction Defect Disputes

In construction defect disputes, owners must comply with certain procedures before filing a lawsuit against a contractor.  These procedures are contained within Florida Statutes Chapter 558.  This newsletter describes the mechanics of Chapter 558 and how a contractor should navigate through it. Chapter 558 applies to “construction defects” resulting from work performed by a contractor, […]

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The challenges of remote work after the pandemic

This article first appeared in French in the June 2021 issue of the Journal des Parcs industriels of the Corporation des parcs industriels du Québec. At the current vaccination rate, the imminent lifting of restrictions, including those requiring remote work, is a real possibility. Several legitimate questions will then arise for employers. Here are some legal and […]

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CUSMA: A wind of change in copyright

Following the official signing of the Canada-United States-Mexico Agreement (CUSMA) during the G20 Leaders’ Summit in Buenos Aires in November 2018, the new agreement came into force on July 1, 2020. The CUSMA now replaces the North American Free Trade Agreement, which had been in place since 1994. At the time, NAFTA created the largest free-trade region […]

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The impact of COVID-19 on notice periods awarded by civil courts

Since the beginning of the health crisis in March 2020, workplaces have undergone many changes in response to the spread of the COVID-19 virus. Government restrictions and the pausing of Quebec society have forced many companies to reassess and adjust their needs in order to cope with this new reality. In these circumstances, many companies […]

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Does settlement privilege apply when settling a dispute with a public body?

Until very recently, the answer to this question would have had to be no. A trend in the case law of the Commission d’accès à l’information (“CAI”) suggested that settlement privilege did not offer any protection when an access to information request was made of a public body. In these decisions, the CAI refused to apply settlement […]

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Peace, order, good government and…climate change: the Supreme Court articulates the constitutional doctrine of the national concern

In 2018, in accordance with its international commitments, including the Paris Agreement, Parliament passed the Greenhouse Gas Pollution Pricing Act (the “GGPPA”). This legislative scheme has two components: (1) the creation of a fuel charge payable by certain producers, distributors and importers of various types of carbon-based fuels, and (2) the establishment of an output-based pricing system (“OBPS”) […]

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It’s the end of the work as we know it (and I feel fine)1 –or the importance of the concept of completion

The completion of the work, the correction of deficiencies and non-conformities, the handing over of the end-of-work documents and the taking possession of the work represent an important stage of a construction project. However, understanding the legal effects of the completion of the work and adopting effective contractual practices to that sense are often misunderstood […]

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New ban on reimbursements affecting patient support programs

As of April 15, 2021, manufacturers, wholesalers and other intermediaries in the drug supply chain are subject to a new prohibition as a result of the enactment of the Regulation respecting exceptions to the prohibition against paying or reimbursing the price of a medication or supply covered by the basic prescription drug insurance plan1 (the “Regulation”). As […]

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Bill 96, An Act respecting French, the official and common language of Quebec (“Bill 96”) and professional bodies

On May 13, 2021, the Minister of Justice and Minister Responsible for the French Language, Simon Jolin-Barrette, tabled Bill 96, An Act respecting French, the official and common language of Quebec (“Bill 96”). The purpose of this bill is to affirm that the only official language of Quebec is French and that French is the common language […]

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Amendments to the Charter of the French Language: have you registered your commercial signage?

On May 13, the Government of Quebec unveiled its proposed reform of the Charter of the French Language (the “Charter”), also known as Bill 101. This reform covers many spheres of society and the area of trademarks is no exception. Indeed, the bill entitled An Act respecting French, the official and common language of Quebec (hereinafter, “Bill 96”) introduces […]

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The bill to amend the Charter of the French Language: expected impacts for employers in Quebec

On May 13, 2021, the Quebec government tabled Bill 96, An Act respecting French, the official and common language of Quebec,1 which proposes various amendments to the Charter of the French Language.2 Once adopted and in force, this bill will impact several areas. We will focus here on the main changes affecting employers and their employees or potential […]

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